New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-06-09
SEEKING. SHARP JURORS.
THERE STILL REMAINS A VACANT CHAIR.

PENIrENCE OvERTAKEs A DELINQUENT NAN
JUDGE BARRETTs HEALTH.
Before the wearisome business of getting jurors
IN the Sharp trial began yesterday contumacious
talesman was dealt with. Deputy Sheriff McGoni-
gal brought into court James Fettrich. builder,
OF No. $50 Fourth-sve. He had received jury
summons but had paid no attention to it. Special
Deputy Sheriff Burnes subsequently, called at his
house with an order for him to show cause why he
should not be fined 800 for neglectng to attend in
court. A son Of Fettrich opened the door and on
learning the officers message profanely and
promptly told HIM to 90 somewhere else Instead
of doing that Burnes left the order on the floor aud
proceeded to put in operation the machinery Of
the law against Mr.. Fettrich. In consequence Of
this the law dragged Mr.. Fettrich into court to
answer a charge 1T contempt When arralgned be-
fore Judge Barrett he expressed. through his law.
yer, extreme pcnItence for what had happened In
consideration of Mr. FettricRs agreeing to pay all
costs, and promising that his son should send Of
fcer Burnes written apology for his offensive con-
duct Judge Barrett allowed him to depart.
1t was reported in the court room that, when
the jury is at length chosen the lawyers
for the defence will play card that
may stin further protract the laws delay.
They have under consideration the advisability OF
moving that the whole jury be dismissed, on the
court about attempts at "jurv-fxing" have SO far
prejudced them against the defendant that they
are In no I'll frame of mind to give him justice. II
this motion is made il is thought that Judge Barrett
will promptly dismiss it, but it will enable the de-
fence to take another exception"
The relations between Mr.. Mitchell, Sharp's law
yer, who has complained of being shad0wed by de.
tectves from the District Attorneys Office and the
lawyers for the people are decidedly strained"
There is no exchange of clvilities between them
only contemptuous silence. Fun-oving people are
doing their best to widen the breach, in the hope
of getting episode" that will serve to vary tho
monotony of the trial. Mr.. Mitchell is reported to
be "thirsting for GORE" gentleman who pro-
fessed to have the straight tip" from the District
Attorneys office put it thus: "Mr. Mitchell
wants to fight. Mr. MARITIME can't fight him be-
cause he's too fat. Mr.. Nicoll can't fight him be.
cause he has to open the case for the people. Col.
onel Fellows though he wants to do it, can't fight
him because he has to make the closing address In
this predicament the Dstrict-Attorney's people
have decided to put up Ira Shafer against Mr..
Mitchell"
William r. Mead, architect, No. 81 Broadway
was the first candidate for the box. He had soma
scruples about the value Of the testimony of in-
formers, but Judge Barrett talked the matter over
with him, and the lawyers on both sides signifed
so he took the sixth seat. This again completed
the Wy WiTTy: satisfied with tho ,n,v . At orsss0s
constituted" said Mr. MARITIME after calmly sur
veying the jury box.
The third juror, Mr.. Davidson, was absent from
his seat. He is suffering from neuralgia" said
Judge Barrett, and hardly able to SIT told HIM
that he might remain away until to;morrow morn;
ing, unless meanwhile the jury box filled and
both sides were satisfied with it, then would send
for him. Ii is doubtful whether he would be able
to will send for him If you like. or IT You
have any peremptory challenges to make you can
make them and continue trying TO get another
juror
Mr.. Johnson was challenged by the defence. This
left the defence only three peremptory challenges
"impres sions" had sufficiently demonstrated their
| unttness for jury box, some one was found TO
take the seat vacated by Mr.. johnson. He was
James G. Bennett employed with Dun & Co.'S
Commercial Agency. He had an opinion
but after much talk said that it could be removed
by evidence He was accepted by The people and
| fence. Mr. Bennett took the fourth seat.
We are content with the jury as constituted"
SAID Mr. MARITIME for the second time
"We ask time for consultation" said Mr.. Stick
| ney, speaking for Mr.. Sharp's lawyers. They came
to the conclusion in ten minutes that it would be
worth while to expend a peremptory challenge to
get rid of Mr.. Bennett. He departed gleefully.
Edwin c. Hobrook, broker, .had "a prejudice
against nformers. and the defence tried hard to get
him, but Judge Barrett wouldn't allow IL.
When the court adjourned at o'clock the jury
stood like this:
c.1-wiley J. Garfield, publisher II Readest
| No. 2-Owen o. Schimme. preserves, ll3 Warren.sc
No 3-Aaron Davidson tobacconist l43 waterst
No. 4-Vacant
No. William Becker bookkeeper. % Beekman-st
No. civilian r. Mead, arch tect, 81 Broadway.
No. IA. Howard Hopping importer, 455 Broomest
No. S-Dayid Clarkon commission merchant l3e PearsS
No 9-Fank c. Swartwort real estate. SO East l2lstst
No. 10-Theodore Kauffeld teas. 81 Whitsst
No ll-Samuel Palmer grocer. l56 Bowery.
No. 12-Azor s. Marvin safes. 265 Broadway.
The trial will be continued at IL a. H. to-day.
Yesterday morning Jud ge Barrett was so seriously
indisposed that he feared that he would be unable
TO attend court. He was suffering from complica-
ton of minor disorders. brought on by severe
cold and the fatigue resulting from the assiduous
attention he has paid to the Sharp trial. He sum-
moned his family physician, and under his treat
ment recovered so rapidly that he was able to
appear at the courtroom promptly at III O'Clock.
and bore himself so well throughout the day that
no one suspected what his condition had been early
in the day. 81,
Last night he was feeling much better, and did
not expect any return of his indIspositlon.
| %